Should problem gamblers get treatment or jail time?

By Chris Kudialis

Monday, July 11, 2016 | 2 a.m.

A law designed to help problem gamblers was used for only the third time in Las Vegas this month, when valley attorneys argued that Jerry Nann Meador, a 53-year-old former office manager who stole over $500,000 from a plumbing business, should be released from prison.

Passed in 2009, the state law provides framework for the prevention and treatment of problem gambling, allowing courts to establish a rehabilitation program for those facing charges. That could mean getting treatment instead of prison time, as well as diversion, which expunges offenses from the criminal records of those who complete court-ordered programs. Many offenses are tied to theft, as addicts are desperate to fund the habit.

Carol O’Hare, executive director of the Nevada Council of Problem Gambling, says the law’s aim is to help people who, without a gambling addiction, would not be committing such crimes.

“These crimes aren’t motivated by a conscious decision to break the law; they stem from disorders that progress over time,” O’Hare said. “Problem gambling alters people’s rational thinking ... and should be addressed accordingly.”

Pathological gambling is classified as a mental disorder, according to the American Psychiatric Association, and affects as many as 125,000 Nevadans.

Oscar Sida, an addictions counselor with at Great Basin College’s Department of Human Services, said proper treatment for problem gamblers can take anywhere from three weeks to six years. He favors diversion because he doesn’t believe putting problem gamblers in jail solves their problem anything.

“You leave jail and you still have your vices,” he said. “With this, there’s motivation to seek treatment and get better.”

Denise Quirk, CEO and clinical director of the Reno Problem Gambling Center, has dealt with over a dozen residents sentenced to treatment. The 24-year-old addictions counselor, who also teaches a class on problem-gambling behaviors at UNR, said allowing problem gamblers to get treatment and seek employment instead of being jailed benefits their victims, too, because offenders can start paying restitution earlier.

She argues asserts that the problem gambling treatment, which includes up to five weekly outpatient treatment sessions, participation in a problem gambling support group, weekly or monthly court appearances, and additional treatment for any other diseases, like alcohol or drug abuse, is “rigorous” and “requires commitment.”

But what’s to stop crooks from covering their crimes by blaming it on gambling addiction? Quirk says those trying to take advantage would be “discovered within days” and thrown in jail if they couldn’t complete the treatment program.

Plus, not all problem gamblers who commit crimes qualify, O’Hare said. For less clear-cut situations, a sentence might combine probation and treatment, and diversion wouldn’t be an option.

Las Vegas attorney Douglas Crawford qualified for the program after being charged for stealing from his clients in the mid 2000s. He was sentenced to a six-week outpatient program in 2012 and up to three weekly problem-gambling meetings, until his $304,000 restitution is paid off.

Crawford says he’s entered a “life of recovery” and will continue to attend meetings even after his payments conclude.

“This is the best piece of legislation we’ve had here in our state for problem gamblers,” he said.

But members of Rakeman Plumbing and Air, where Meador worked, called her pending release “frustrating” and “disappointing,” because it didn’t guarantee restitution would be paid. Like many other victims, they don’t believe their company’s money was embezzled to feed an addiction.

“It’s beyond that,” said Aaron Hawley, the company’s owner. “In our case, she was paying for her mortgage, car and cellphone bills, too.”

Hawley, 49, said his father, who founded the business, hired Meador over 20 years ago. She was present at each of his three daughters’ births, and is their godmother, he said. Beyond paying for her material possessions, he claims Meador also used the money for vacations and lavish holiday celebrations.

Both Hawley and his 21-year-old daughter, Heather Hawley, said the law set a precedent, making it seem “more acceptable to rob people, because you won’t go to jail.” If Meador has a gambling problem, the Hawleys believe she should receive treatment after serving time.

“I’m pretty sure the best immediate treatment for gambling addiction would be to put her in a place where there are no slot machines,” Heather Hawley said. “Like prison, where she deserves to be.”

Las Vegas attorney Dayvid Figler, who represents Meador, argues justice in the eyes of a victim isn’t necessarily justice in the eyes of the community. Just because someone is paying personal expenses doesn’t mean he or she doesn’t have a gambling problem, he says.

“If a gambler was using all of their money just for gambling, they wouldn’t last more than a couple days,” he said. “When you have it documented that she’s spending seven figures at a time on gambling binges of eight or more hours, there’s no denying there’s a mental illness there that needs treatment.”